Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.

Sunday, June 11, 2006

Nebraska Supreme Court modifies April opinion that held administrative revocation of drivers' licenses for refusing alcohol tests were constitutionalKenley v Neth (Neth II) 271 Neb. 683 Filed June 9, 2006. Nos. S-04-1186, S-05-230. Supplemental Opinion; Kenley v Neth (Neth I) 271 Neb. 402 Filed April 14, 2006. Nos. S-04-1186, S-05-230. reversed the Clay County District Court, which had ruled the administrative revocation of the licenses of drivers who refused to take tests for blood alcohol (§ 60-498.01 )violated the due process and equal protection clauses of the Nebraska and US Constitutions. The District Court reasoned that because if drivers lost drivers licenses for failing tests but could win back their drivers licenses if they later won acquittal of accompanying criminal charges§ 60-498.02(4) , the refusing drivers should also have that right. The Supreme Court in Kenley I directed the District Court to uphold Kenley's suspension. Kenley II corrects this error and requires the District Court to review the case on its merits. With respect to Kenley, in her appeal to the district court, she assigned that there was no competent evidence to support the revocation of her driver's license. Due to its other holdings, the district court did not reach this issue. We remand the cause to the district court for further proceedings consistent with this opinion with directions to determine whether there was competent evidence to support the revocation of Kenley's driver's license. In accordance with the above, we also withdraw the directive language with respect to case No. S-04-1186, id. at 416, 712 N.W.2d at 264, and substitute the following: Cause in No. S-04-1186 remanded for further proceedings.